Godfrey v. Rowland

DISSENTING OPINION-OF

FREAR, C.J.

I dissent on the last point, though not without hesitation, for I realize that much can be said on the other side both in reason and on authority, and yet I feel that the weight of both *589reason and authority favor the view that a tenant in common should not be permitted to recover more than his .aliquot part even from one who has not title, and especially when, as in this case, he claims in hostility to his alleged eotenants as. 'well as to the defendant and the latter is not a mere intruder or trespasser but has been in possession long and under color of title.

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